SALEM State Supreme Court Justice says high court will favor state

The justice spoke at a Columbiana County Republican dinner.
By DAVID SKOLNICK
VINDICATOR POLITICS WRITER
SALEM -- Justice Paul E. Pfeifer of the Ohio Supreme Court said he expects state government to be in "a strong position" when litigating cases in front of the high court because of the panel's new makeup.
"The attorney general arguing cases will probably have a stronger hand for a while," Pfeifer told The Vindicator before speaking Thursday at the Columbiana County Republican Party's Lincoln Day dinner at Timberlanes Inn & amp; Restaurant.
That advantage for the state is "because of the change in personalities" on the court, Justice Pfeifer said.
The two newest justices of the seven-member court are Maureen O'Connor, the former lieutenant governor, and Terrence O'Donnell, recently appointed by Gov. Bob Taft.
Before the two additions, many observers described the state Supreme Court as an activist court -- Justice Pfeifer used that term during his speech to the Columbiana Republicans. Now, observers say the court is more conservative and will favor big business.
"Even when you change one personality in a group that small with enormous power, there is change," Justice Pfeifer said. "With two, it will change even more."
Though the justice believes the new court will favor the state, he said that wasn't a factor in the court's recent decision to dismiss the DeRolph school funding case.
The court ruled four times, with Justice Pfeifer in the majority, that the current school-funding system relies too heavily on local property taxes and is unconstitutional.
"It was not the intention of anyone on the court to keep it going," he said of the lawsuit. "But that doesn't mean school litigation is done."
What court ordered
The court directed the state Legislature to resolve the educational system.
Though the state has increased money for education over the past decade, it has not kept up with the percentage of funds contributed by local property taxes during that time, said Justice Pfeifer, first elected to the Supreme Court in 1992.
"When you tell someone to comply four times, you expect more than the rhetoric of 'Look how much more we've put into education,'" Justice Pfeifer said.
"The state hasn't kept pace with local property owners. By that standard, they haven't done [anything]."
Though he wants to see the Legislature change the educational funding system, the justice, who served 16 years in the state Senate, said he isn't holding his breath waiting for that to happen.
Justice Pfeifer, who is up for re-election next year, urged those who want to change Ohio's educational funding system to lobby state legislators.
"Hopefully, they can be successful," he said.
skolnick@vindy.com